Indian Visa Application Center (IVAC), managed by State Bank of India (SBI) in Bangladesh has collaborated with Software Shop Limited (SSL Wireless) to accept Indian Visa Application Fee payment online via https://payment.ivacbd.com (hereafter referred as the "Site", and collectively, the "Service"). The following terms and conditions (hereafter referred as the "Terms of Service" or "Terms of Usage") constitute a binding agreement between you (hereafter referred as "you", “Payee”, “Applicant”, or "User") and IVAC for the use of this service. Subject to these Terms of Service, the Site enables you to make payment for Indian Visa Application.
All logos used in this site are relevant trademarks of the respective organizations and used with prior permission.
By accepting these Terms of Service, you agree that these Terms of Service will apply whenever you use the Site and/or when you use any associated tools or services we make available to interact with the Service. Some sites, services, and tools made accessible to you through the Service may have additional or other terms that relevant third parties impose on you when you use those sites, services, or tools such as SSLCOMMERZ payment page and/or other payment brands, methods, channels, etc. By using the Service for paying Indian Visa Application fees, you agree to the following:
1. AGREEMENT: This Agreement will be effective as of the date of your acceptance thereof and will remain effective until terminated by either party as set forth in these Terms and Conditions stated in here.
2. TERMS AND CONDITIONS: The following terms and conditions will apply to use the Service:
a. CHANGE OF SERVICE: IVAC, SBI, or SSL Wireless reserves the right to modify, suspend or stop the Service (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. Without limiting the foregoing, the Site may or may not provide notice of any such changes to the Service by posting them on IVAC’s official website and/or via the Service. You agree that the parties and/or the Site shall not be liable to you or any third party for any modification or cessation of the Service. You acknowledge that the Site has no express or implied obligation to provide, or continue to provide the Service, or any part thereof, now or in the future; and in addition, the Site may at any time, upon prior notice as required by applicable law, change the charges or fees for enjoying this Service.
b. LEGAL AGE: You must be at least of legal age to form a binding contract with the Site to use the Service.
c. PURCHASE: Purchase must originate in Bangladesh.
d. TRANSACTION LIMITS: The maximum number of applicants you may add in one transaction is limited to 7 (seven) webfiles. In addition, the payment is only accepted through a local currency amount as stated in the Site.
e. CONTACT NUMBER & EMAIL ADDRESS: In order to make use of the Service, the Site will ask you for your contact/mobile number and email address. You shall be fully responsible for safeguarding and maintaining the confidentiality of your given mobile number and email address, and shall be fully responsible and accountable for any unlawful use of the Service by means of Your Name, Mobile Number or Email Address by any person. You are also responsible and liable for all activities conducted through Your Name, Mobile Number or Email Address, even if this occurs without your permission.
f. ACCESS TO YOUR ACCOUNT: Although IVAC, SBI and SSL Wireless handle your Personal Information with utmost confidentiality and do not disclose your information to any Third Party for any personal or other organizational benefits, you acknowledge and agree that the Site may access, use, preserve and/or disclose your account information if legally required to do so or if we have on good faith believe that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce these Terms and Conditions, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of the Site, its users or the public as required and/or permitted by law.
g. USE OF THE SERVICE: Subject to these conditions, you may use the Service to pay the Indian Visa Application Fee as follows: (i) Follow the step-by-step process and fill up the empty fields with appropriate and accurate information/data to process the payment including but not limited to the Indian Visa Application Web File Number or your respective Passport Number, etc.; (ii) After you provided required Application and Personal Information and the Payment is successfully processed, you (the Applicant) will be informed that your payment has been received successfully by IVAC with a ‘Congratulation’ note on the Site after your successful payment.
h. PAYMENT INVOICE: A payment invoice would be generated on successful payment of Indian Visa Application Fees. A confirmation SMS & a confirmation email (if a valid mobile number and email address has been provided under Personal Information) would be generated & sent to the mobile number & Email address of the applicant respectively on successful payment of required fees online. The SMS would be sent from a number masked as “IVAC FEES” & the email sent would have a subject or header “INDIAN VISA APPLICATION FEE PAYMENT CONFIRMATION”.
i. PAYMENT METHOD: Payment is authorized at the time you click “Pay Now” under the Payment tab in the Site. Unless otherwise changed by the Site, you may use the following payment brands, methods or channels, etc.:
j. SERVICE CHARGE: A service charge of 3% (three percent) of the total visa application fees per application is applicable which includes but not limited to the Transaction Discount Rate (TDR), cost of transaction/settlements by banks, SMS charges or any other incidental charges that the Site may incur during the process. These charges would be passed on to the payee or the applicant. You are bound to pay this service charge since this will be automatically added with your Payable Amount as a Convenience Fee and you will have to pay the total Payable Amount accordingly.
k. TERMINATION OF SERVICE: IVAC, SBI and/or SSL Wireless reserve the rights to suspend or terminate your ability to use the Service as a result of any unpaid or fraudulent transaction attempt.
l. REFUND: Once the payment has been successful, there is no provision for refund. There is no refund option available to the applicant once a transaction has been settled between the various parties. Once payment has been given, you cannot claim any kind of refund from the Site irrespective of your inability to visit the IVAC with your application and/or rejection of Indian visa, etc.
m. REJECTION OF PAYMENT: The Site is entitled at any time to refuse acceptance of payment from you i.e. the applicant or, if payment has been made, reverse the transaction with equivalent amount prior to settlement of funds, in any of the following situations:
n. CANCELLATION: The Site has the right to cancel the payment subject to findings of fraudulent and/or illegal activity by the User and take legal action against the User examples may include but not limited to using another applicant’s mobile number, email address, Web File or Passport number as if his own as well as attempt to use Stolen or Fraud cards, submit multiple payments beyond the applied limit, and/or attempt other suspicious & fraudulent activities.
o. REVOKE: IVAC, SBI and SSL Wireless reserves the right to revoke transaction rights of the Applicant without explaining any reason whatsoever.
p. LEGAL: The Site is protected against all legal action taken by the User/Applicant for its Service. Thereby the User shall indemnify the Site against all losses whichever is incurred to make a payment. However, if you/User/Applicant is found to attempt to conduct forgery, intend sabotage to the Site, or deceive or trick someone for personal gains or attempt to automate the entry of information through the use of screen scraping software, or execute any malicious activities against the Site including but not limited to scanning, fingerprinting, tampering, hacking, denial of service, bruteforce attack, SQL injection, or attempt to steal information or execute false transactions, etc., the authorities of IVAC, SBI and SSL Wireless reserve the right to take any legal action against you/User/Applicant.
3. NOT THE INDIAN VISA ISSUER OR AUTHORITY: The Site is neither your High Commission of India nor IVAC and it has no authority for issuance of Indian Visa. The authority and rights to issue an Indian Visa lies with the High Commission of India or IVAC which is completely separate from this Site. The Site is simply offering you a convenience to pay your Indian Visa Application Fee through online from anywhere, anytime. The Site has no right in selection of the Applicant and issuance of Indian Visa. Successfully paying the Indian Visa Application Fee through the Site does not guarantee issuance of Indian Visa.
4. PAYMENT PROCESSOR: The payment processor behind the Service through the Site is your respective bank and/or payment instrument provider authority. While the Site will not have access to your debit or credit card or payment information that you submit directly to your bank (including information relating to your account), the information you submit to the bank must meet their requirements in order for them to notify us that we can proceed in processing a requested payment. You agree that the Site is not responsible for any information that you submit to them and that your payment processor shall be solely responsible for collecting, storing, using, and transmitting the information that you submit to them directly in accordance with your use of the bank's or payment instrument provider’s service. Note: The partnered bank(s)/channel(s) reserves the right to impose limits on the number of Transactions undertaken using a particular Valid Card or payment channel and the value of a single Transaction during any time period, and reserves the right to refuse to make payments in respect of Transactions exceeding such limit.
5. WARRANTIES AND LIMITATIONS OF LIABILITY
a. Subject to the terms and conditions of the Terms of Service, the Site warrants that it will use good faith efforts in performing its obligations herein.
b. The Site (including its subsidiaries, affiliates, service providers, vendors, and contractors, and their respective directors, officers, employees, contractors, and agents) does not guarantee, represent, or warrant that your use of the service will be uninterrupted or error-free, and you agree that from time to time the Site may remove the service for indefinite periods of time, or cancel the service at any time, without sending notice to you.
c. In no case shall the Site (including its subsidiaries, affiliates, service providers, vendors, and contractors, and their respective directors, officers, employees, contractors, and agents) be liable to you or any third party for any direct, indirect, incidental, punitive, special, or consequential damages arising from the use of the service or website, or for any other claim related in any way to the service or any payment made available by the Site, including, but not limited to, any errors or omissions in any material relating to them, or any loss or damage of any kind incurred as a result of their use or payments, even if advised of their possibility.
d. You acknowledge and agree that the Site has offered its services and entered into these terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, and that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and the Site. You acknowledge and agree that the Site would not be able to provide the service to you on an economically reasonable basis without these limitations.
e. The Site does not represent or guarantee that the service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and the Site disclaims any liability relating thereto.
f. The Site shall use good faith efforts to protect application and personal information submitted by you in connection with the service, but you acknowledge and agree that your submission of such information is at your sole risk, and the Site hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.
g. By using the service or making online payment through the Site, you agree to indemnify and hold the Site (including its subsidiaries, affiliates, service providers, vendors, contractors, and licensors, and their respective directors, officers, employees, contractors, and agents) harmless from any liability, losses, and damages in connection with any actions or claims arising out of any disclosures, or lack thereof, relating to the payment, the performance of site in the provision of its internet services, or the applicable subscriber agreement between the Applicant and the internet service provider. You further agree to indemnify and hold the Site (including its subsidiaries, affiliates, service providers, vendors, contractors, and licensors, and their respective directors, officers, employees, contractors, and agents) harmless with respect to any claims arising out of your breach of this agreement, your use of the service or transaction for a Visa Fee payment, or any action taken by the Site as part of its investigation of a suspected violation of this agreement or applicable law, or as a result of its finding or decision that a violation of this agreement has occurred.
This means that you cannot sue or recover any damages from the Site (including its subsidiaries, affiliates, service providers, vendors, contractors, and licensors, and their respective directors, officers, employees, contractors, and agents) or IVAC or SBI or SSL Wireless as a result of its decision to remove or refuse to process any transaction, information or requests, to warn you, to suspend or terminate your access to the service, or to take any other action during the investigation of a suspected violation or as a result of the Site's conclusion that a violation of this agreement has occurred or is likely to occur. The waiver and indemnity provisions in these terms of service applies to all violations described in or contemplated by this agreement. For clarity, this indemnification obligation extends to claims or legal proceedings brought against or threatened against IVAC, SBI and/or SSL Wireless, or any indemnitees mentioned herein (by way of example only and in no way limiting) in respect of infringement of intellectual property rights, illegal conduct or harmful activities, and/or the misuse of the service through your provided Web File Number, Passport Number and/or Mobile Number & Email Address.
6. DISPUTE RESOLUTION: If a dispute arises between you and the Site, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Before resorting to a lawsuit, we strongly encourage you to first contact us directly to seek a resolution by writing to us at email@example.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
7. LAW AND FORUM FOR LEGAL DISPUTES: These Terms of Service shall be governed in all respects by the laws of the People's Republic of Bangladesh as they apply to agreements entered into and to be performed entirely within Bangladesh between Bangladeshi residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against the Site must be resolved exclusively by a supreme court located in Dhaka, Bangladesh, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Dhaka city, Bangladesh for the purpose of litigating all such claims or disputes.
8. IMPROPERLY FILED CLAIMS: All claims you bring against the Site must be resolved in accordance with its Dispute Resolution Section. All claims filed or brought contrary to the Dispute Resolution Section shall be considered improperly filed. Should you file a claim contrary to the Dispute Resolution Section, the Site may recover attorneys' fees and costs up to BDT 100,000.00 (in words: One Lac Taka), provided that the Site has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
9. USE OF ELECTRONIC SIGNATURE: You agree that your electronic signature is the legal equivalent of your manual signature on this Agreement. By clicking on the checkbox next to “I agree to the Terms of Service”, you agree to be legally bound by the Terms and Conditions of Service stated in here. You also agree that no certification authority or other third party verification is necessary to validate your electronic signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature or any agreements between you and the Site
10. NO ASSIGNMENT: You may not assign these Terms of Service and your license to use the Service to anyone. The Site may freely assign these Terms of Service without restriction.
11. NOTICE: The Site may send you notice with respect to the Service by any method, including by sending an Email message to the Email address provided by you in the Site’s ‘Personal Info’ tab, or by sending a text message to the mobile phone number provided by you in the same page, or by a posting on our Site. Notices are effective immediately as of the time of their sending.
12. FORCE MAJEURE: The Site or IVAC or SBI or SSL Wireless will not be responsible for failures or delays to fulfill any obligations due to causes beyond its control, including in connection with events or circumstances impacting its subsidiaries, affiliates, service providers, vendors, contractors, and licensors.
13. MODIFICATIONS: The Site reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify these Terms of Service and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to as "Additional Terms") will be effective immediately and incorporated into the Terms of Service. Notwithstanding the preceding two sentences, a) in the event any such Additional Terms materially alters your rights hereunder, we will attempt to notify you such as through a message sent to the email address you provided, b) such modified Terms will be effective upon the earlier of your use of the Service with actual knowledge of the changes or thirty days after the changes are posted to the Site, and c) no modifications to these Terms will apply to any dispute between you and the Site that arose prior to the date of such modification. Your continued use of the Service following the posting of the Additional Terms will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
14. ENTIRE AGREEMENT: These Terms of Service constitute the entire agreement between you and the Site and govern your use of the Service and online payment transaction, superseding any prior agreements between you and the Site. You also may be subject to additional Terms and Conditions that may apply when you use affiliate services, third-party content, or third-party software or browser.
15. SEVERABILITY: If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
16. NO WAIVER: The Site's failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service.
17. HEADINGS: The heading references herein are for convenience purposes only, do not constitute a part of these Terms of Service, and shall not be deemed to limit or affect any of the provisions hereof.
18. CONTACT US: The services hereunder are offered by the Site. If you experience difficulties in using the Service, please contact us at: firstname.lastname@example.org.